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Civil Liberties #1: 1 st Amendment

Civil Liberties #1: 1 st Amendment. Your right to swing your arm ends where the other person’s nose begins. Definitions…. Civil Liberties : individual freedoms as protected by the Bill of Rights / Const. Bill of Rights : 1 st 10 Amendments to the Const., wanted by the

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Civil Liberties #1: 1 st Amendment

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  1. Civil Liberties #1: 1st Amendment Your right to swing your arm ends where the other person’s nose begins

  2. Definitions… • Civil Liberties: individual freedoms as protected by the Bill of Rights / Const. • Bill of Rights: 1st 10 Amendments to the Const., wanted by the • Civil Rights: government protection of rights and freedoms – for groups

  3. 1st Amendment • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or of the right to peaceably assemble, and to petition the Government for a redress of grievances. • What 5 rights are included here?

  4. Freedom of Religion • Establishment Clause: • Gov can’t mandate religion • Separation of Church & State

  5. School Prayer : Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen. Should this be constitutionally protected to say in schools?

  6. Religion & Schools • Parochial School: religious schools, not gov funded thus have different rules • Public School: must abide by est. clause • Engle v. Vitale (1962) • Outlaws state sponsored prayer in public schools

  7. Lemon Test Government involvement in religious activities is acceptable only if it meets the Lemon Test (Lemon v. Kurtzman, 1971): • No religious purpose – secular • Neither prohibit or inhibit religion • No excessive gov. entanglement

  8. More on the Establishment Clause • What might pass the lemon test? • Standardized testing at a parochial school • 10 Commandments - • Seasonal displays -

  9. 2. Free Exercise Clause • Freedom to freely participate in the religion of your choice • Belief v. Action • Polygamy • Conscientious Objector

  10. Free Exercise in public schools… • Saluting the Flag / Pledge of Allegiance • Religious clubs at public schools • Religious Symbols • Bible as literature course

  11. What if your religion says you should STOP attending school after the 8th grade? • Wisconsin v. Yoder(1972) • Amish children stopped school at 8th grade to begin working in their community and learn their traditions • WI says must stay in school until 16

  12. AND the SC says… • SC allowed them to stop school since their lifestyle was threatened by modern education

  13. What is the inherent conflict between the establishment clause and the free exercise clause?

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